HomeMy WebLinkAboutP & P BROS CORP.RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: Clerk of the Council
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
I I��II I I�I�I� III �IIII ��I� I�III �IIII I��I� �IIII ���II �I�II ��III IIII � III I11 NO FEE
*$ R 0 0 1 4 7 6 1 4 0 6 8
2024000018764 3:18 pm 01/26/24
48 414A Al2 43
0.00 0.00 0.00 0.00 126.00 0.00 0.000.000.00 0.00
2 4 Z�24 Return FULLLY EXECUTED Free Recordingpursnant to
JAN Copy to COTC, M-30 Government Code 27383 A-2023-218
p'. G�D0. Cal
0. bA (1 DENSITY BONUS HOUSING AGREEMENT
(322 N. Harbor Boulevard, Santa Ana, California; APN: 198-051-17)
This DENSITY BSING AGREEMENT ("Agreement'), made and entered
L into thisg2day of 023 ("Effective Date"), by and between the City of Santa
Ana, a charter city and municipal corporation of the State of California ("City"), and P & P Bros
Corp., a California Corporation ("Developer"). City and Developer are sometimes referred to
collectively as the "Parties" and individually as a "Party."
RECITALS
A. Developer is the owner of certain property located within the City of Santa Ana,
County of Orange, State of California, commonly known as 322 N. Harbor Boulevard, Santa Ana,
California, 92703, and legally described as set forth in Exhibit A attached hereto and incorporated
herein by this reference as if set forth in full ("Property").
B. Developer is proposing to construct a residential development consisting of no
more than twenty-two (22) residential rental units on the Property, as more particularly set forth
in Density Bonus Application No. 2022-3 and Development Site Plan Review No. 2022-2
("Project'). Without the density bonus, Developer would only be permitted to building seventeen
(17) units on the Property.
C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for
Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density
Bonus Law"), set forth a process to provide increased residential densities and/or incentives,
concessions, or waivers to property owners who guarantee that a portion of their residential
development will be available to low income, very low income, or senior (also known as
"qualified") households. These regulations are intended to materially assist the housing industry
in providing adequate and affordable housing for all economic segments of the community and to
provide a balance of housing opportunities for very low income, low income and senior households
throughout the city.
D. The project is proposing a total of twenty-two (22) residential units, including two
(2) units for very -low income households. Pursuant to California Government Code sections
65915(p)(2)(A), the Project will provide twenty-two (22) total onsite parking spaces or 1 space per
one -bedroom and two -bedroom units. No parking concession is requested or provided.
E. For the purpose of implementing this State Density Bonus Law onsite parking
standard incentive, Developer has agreed to restrict eleven percent (11 %) of the units, in the Project
to very low income households, which will result in two (2) Affordable Units, as defined.
F. The Project complies with the affordable housing requirements set forth in the State
Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this
Agreement, the Project shall be the "housing development" as defined in the State Density Bonus
Law.
G. In light of the purpose of the State Density Bonus Law and City Density Bonus for
Affordable Housing, and the express provisions of Government Code Sections 65915 (d)(1)(2)(B),
and 65915(e)(1), the City has determined to approve the application with two (2) concessions and
two (2) waivers.
H. This Agreement, and the exhibits attached hereto and incorporated herein by
reference, are intended to set forth the terms and conditions for the implementation of the Project's
requirement to provide affordable housing units in exchange for receiving the density bonus
incentive set forth herein.
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein
by this reference, and of the mutual covenants contained herein and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
DEFINITIONS AND EXHIBITS
1.1 Definitions. In addition to the terms that may be defined elsewhere in this
Agreement, the following terms when used in this Agreement shall be defined as follows:
1.1.1 "Adjusted for family size appropriate to the unit" shall have the
meaning set forth by Health and Safety Code Section 50052.5(h).
1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be
charged to and paid by an Eligible Household for the Affordable Units, as required by the terms
of this Agreement, and which shall not exceed one -twelfth (1/12) of the product of thirty percent
(30%) times fifty percent (50%) times the Median Income for Orange County, as defined in Section
1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities
paid by the household using the Santa Ana Housing Authority Multi -Family Housing Utility
Allowance Schedule, and shall be updated no less than annually.
1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the
date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits)
for the required number/percentage of the total number of units in the Project which are to be
2
rented or available for rent to Very Low Income Tenants. Said Affordable Rent Schedule shall be
established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall
be created in accordance with the Orange County, California Primary Metropolitan Statistical Area
("PMSA") as published by the California Department of Housing and Community Development
("HCD"), adjusted for family size, and shall be updated no less than annually.
1.1.4 "Affordable Units" means two (2) units, which shall be comprised of two
(2) one -bedroom units for Very Low Income Tenants. Any change to the number or distribution
of Affordable Units is subject to City Manager approval.
1.1.5 "Agreement" means this Density Bonus Housing Agreement
1.1.6 "City" means the City of Santa Ana, California
1.1.7 "City Council" means the City Council of the City of Santa Ana.
1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana.
1.1.9 "City Manager" means the City Manager for the City of Santa Ana.
1.1.10 "City's Planning Commission" means the Planning Commission for the
City of Santa Ana.
1.1.11 "Density Bonus Housing Agreement Term" means the period during
which this Agreement shall be in full force and effect, as provided for in Section 6.1 below.
1.1.12 "Developer" means P & P Bros Corp, a California Corporation, and its
permitted successors and assigns to all or any part of the Property. "Developer" may also be
referred to as "Owner" interchangeably throughout the Agreement.
1.1.13 "Effective Date" means the date the City Council of City approves this
Agreement and from then on this Agreement shall be in full force and effect.
1.1.14 "Eligible Household" means a Household whose income does not exceed
the qualifying limit for a "Very Low Income Tenant" as defined herein.
1.1.15 "Household" means all persons residing in a Unit.
1.1.16 "Median Income" means the Orange County, California area median
income, adjusted for family size appropriate to the unit, pursuant to California Health and Safety
Code § 50052.5(h), as periodically published by HCD.
1.1.17 "Monthly Rent" means the total of monthly payments for (a) use and
occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately
charged fees or service charges assessed by Developer which are required of all tenants, other than
security deposits, application fees or credit check fees, (c) a reasonable allowance for an adequate
level of service of utilities not included in (a) or (b) above, including garbage collection, sewer,
water, electricity, gas and other heating, cooking and refrigeration fuels, but not including
telephone or cable service, to the extent applicable and charged to a Household, and (d) possessory
interest, taxes or other fees or charges assessed for use of the land and facilities associated
therewith by a public or private entity other than Developer. In the event that certain utility charges
are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent
for that type of utility charge.
1.1.18 "Project" means that certain residential development as more particularly
described in Recital B and Section 2 of this Agreement.
1.1.19 "Property" means that certain real property more particularly described in
the legal description in Exhibit A and improvements thereon.
1.1.20 "State Density Bonus Law" means Government Code sections 65915, et
seq., as they exist on the Effective Date.
1.1.21 "Unit" means a residential dwelling unit within the Project to be
constructed by the Developer pursuant to this Agreement.
1.1.22 "Unrestricted Units" means the Units within the Project to be constructed
by Developer to a Household without restriction.
1.1.23 "Very Low Income Tenant' means a Household whose income does not
exceed fifty percent (50%) of the area median income for the Orange County, California PMSA,
adjusted for household size, as published by HCD.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
1.2.1 Exhibit A— Legal Description of the Property
1.2.2 Exhibit B — Tenant Verification
1.2.3 Exhibit C — Annual Tenant Recertification
1.2.4 Exhibit D — Annual Rental Housing Compliance Report
1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property
2. DEVELOPMENT OF THE PROPERTY
2.1 Project. Developer shall develop, operate, and maintain, or cause the development
operation and maintenance of, the Property as a twenty-two (22) Unit residential development,
with two 2 Affordable Units for Very Low Income Tenants.
rd
2.2 Density Bonus. The base density for the Property is seventeen (17) dwelling units.
By agreeing to provide two (2) Affordable Units, Developer understands and agrees that the State
Density Bonus Law would allow a maximum density bonus of thirty-five percent (35%), which
would equate to six additional units. Pursuant to this Agreement, Developer proposes and agrees
to a Project that includes only five (5) additional Units ("Density Bonus Units"). Accordingly, the
Project shall have twenty-two (22) Units, including two 2 Affordable Units, to be rented,
occupied, operated, and maintained pursuant to the terms and conditions of this Agreement.
Developer shall not construct or develop, or otherwise claim a right to construct or develop, any
additional Units on the Property.
2.3 Development Incentives and Waivers. Developer petitioned for concessions,
incentives, and waivers, and has been granted the following, as part of the approval of Density
Bonus Application (DBA) No. 2023-02 for the Project:
2.3.1 Concessions. In accordance with Government Code Section 65915
(d)(1)(2)(B), Developer is granted the following concessions:
(a) Relief from the 15-percent minimum cornmon open space requirements as
set forth in Table 3-9 (Onsite Open Space Requirements) as part of the
Harbor Mixed -Use Transit Corridor Specific Plan (SP-2).
(b) Relief from the frontage design types within the Corridor land use district,
as set forth in Table 3-4 (Frontage Floor Height Minimums and Districts)
as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2).
2.3.2. Waivers. In accordance with Government Code Section 65915(e)(1),
Developer is granted the following waivers:
(a) A waiver of the minimum lot width requirement of between 125 feet and
200 feet for Stacked Dwellings, as set forth in Table 3-3 (Building Type and
Form) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-
2), provided that the lot width is a minimum of 100 feet.
(b) A waiver of the requirement for two-thirds of the common open space area
to be open to the sky and placed at the rear or side yard, or in the front as a
forecourt, as part of the Harbor Mixed -Use Transit Corridor Specific Plan
(SP-2), provided that at least five -percent (501a) of the lot is open to the sky.
2.3.3. Parking Requirements. The Project's onsite parking shall comply with
Government Code section 65915(p)(2)(A). No additional parking concession is requested or
provided. The Project will provide twenty-two (22) total onsite parking spaces or one (1) space
per one -bedroom and two -bedroom units.
2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that
the incentives, concessions, and waivers set forth in section 2.3 above fully satisfy any duty City
may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or
regulation to provide any development incentive or to waive any building, zoning, or other
requirement in return for providing Affordable Units. By this Agreement, Developer releases any
and all claims Developer may have against City in any way relating to or arising from City's
obligation to waive requirements of or provide development incentives pursuant to any state,
federal, or local law, rule, or regulation applicable to the Project.
2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more
than twenty 20 Unrestricted Units, which shall be comprised of sixteen (16) one -bedroom units
and four (4) two -bedroom units.
2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less
than two 2 Units, which shall be comprised of two (2) one -bedroom units designated as
Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units
shall be consistent with all City approvals, comparable in bedroom distribution and amenities to
the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana
Municipal Code section 41-1602(c)(5).
2.7 Minimum Development Standards for Affordable Units. The Affordable Units
shall be constructed with the same exterior appearance and interior features, fixtures, and
amenities, and shall use the same type and quality of materials as provided for any Unrestricted
Units.
2.8 Permits and Processing, Compliance with Laws. Developer, at its sole cost and
expense, shall secure or cause to be secured any and all permits that may be required by City or
any other federal, state, or local governmental entity having or claiming jurisdiction over the
Properly or Project. Upon securing any and all permits, Developer shall carry out and perform the
development, operation, and maintenance of the Project in conformity with all applicable federal,
state, and local laws and regulations, and all conditions of approval issued by the City Council and
City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the
City to determine compliance with this Agreement. If any changes to the Project shall materially
alter the ability of Developer to comply with any terms of this Agreement in City's sole
determination, then City shall have the option to declare this Agreement null and void in its sole
discretion.
2.9 Relocation Prior to Development of Project. If relocation is required prior to the
completion of development of the Project, Developer shall have the sole and exclusive
responsibility for providing relocation assistance and paying all relocation costs as may be required
to comply with applicable federal and state laws and regulations. In addition to any other indemnity
provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of
City's choosing and the consent of Developer, which shall not be unreasonably withheld, and
which may be joint defense counsel upon City's and Developer's consent), and hold harmless City
and all of its officials, officers, employees, representatives, volunteers and agents from any and all
alleged or actual claims, causes of action, liabilities, and damages from any third party for
relocation assistance, benefits and costs prior to the completion of the development of the Project.
2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage
contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does
not delay the overall project development schedule.
2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably
necessary to remove any future mechanic's liens or other similar liens (including design
professional liens) against the Property or Project, or any part thereof, by reason of work, labor,
services, or materials supplied or claimed to have been supplied to Developer or anyone holding
the Property or Project, or any part thereof, through or under Developer. Prior to the recording of
this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide
evidence from the Title Company of any new recordings against the Property or Project. City
hereby reserves all rights to post notices of non -responsibility and any other notices as may be
appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by
Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's
choosing and the consent of Developer, which shall not be unreasonably withheld, and which may
be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of
its officials, officers, employees, representatives, volunteers and agents from any and all alleged
or actual claims, causes of action, liabilities, and damages from any third party by reason of a
mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to
Developer or anyone holding the Property or Project, or any part thereof, through or under
Developer.
3. AFFORDABILITY
3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and
occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total
Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on
the date a certificate of occupancy is issued for the initial Affordable Unit.
3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep
detailed records of the commencement date of the Total Affordability Term for each Affordable
Unit. City shall have the right to review and verify said records to ensure that the commencement
date specified by Developer for an Affordable Unit coincides with the date that the initial
Affordable Unit received all permits from City required for occupancy of the Unit. In the event
that a conflict exists between the date specified by Developer for the commencement of the Total
Affordability Term for an Affordable Unit and the date specified by City's issuance of all required
permits for occupancy of the Unit, the date specified by City's issuance of all required permits for
occupancy of the Unit shall control.
3.3 Levels of Affordability.
3.3.1 Affordable Rent for Very Low Income Tenants. Developer covenants that
no less than two022 Affordable Units in the Project shall at all times during the Total Affordability
Term be rented to, or held vacant and available for immediate occupancy by Eligible Households,
at an Affordable Rent.
OWNERSHIP AND OPERATION OF THE PROJECT BY DEVELOPER
4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount
of Four Thousand Six Hundred Seventy Five Dollars and Seventy Cents ($4,675.70) will be
charged to the Developer and most be paid prior to execution of this Agreement.
4.2 Recording of Documents. No later than issuance of building permits for the Project,
Developer and the City shall record or cause to be recorded in the Official Records for Orange
County, California, an executed original of this Agreement. City shall cooperate with Developer
in promptly executing in recordable form this Agreement. The date of recording of the Agreement
shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions
of this Agreement shall be binding upon and run with the Property and the Project for the Total
Affordability Term. It is the express intent and agreement between the Parties that this Agreement
shall remain binding and enforceable against the Property, the Project, and the Units to ensure
compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the
continued supply of Affordable Units in the Project, except as expressly set forth in this
Agreement.
4.3 Rental of Units. Upon the completion of construction of the Project and receipt by
Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to
be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in
accordance with the terms and conditions set forth in this Agreement, which provide among other
terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible
Household for the Total Affordability Term.
4.4 Location of Affordable Units. During the Density Bonus Housing Agreement
Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms
and conditions set forth in this Agreement. The Affordable Units shall be permitted to float among
all twenty-two (22) apartment units in the Project, provided that the Affordable Units shall be
comparable in amenities to the Unrestricted Units and reasonably dispersed throughout the Project.
The location of the first two Affordable Units to be occupied will be subject to the City's approved
Inclusionary Housing Plan, and identified in the Annual Compliance Report submitted to the City
pursuant to Section 4.11.2.
4.5 Occupancy Levels. Subject to state or federal laws and regulations, the number of
persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus
one person. In the event that a household residing in an Affordable Unit exceeds the permitted
number of persons, then that household shall be placed on a waiting list for the appropriate -sized
unit and be eligible for transfer when an appropriate -sized unit becomes available. The household
will be placed on the waiting list for up to one -hundred and eighty (180) days. If an appropriate -
sized unit does not become available during the 180 days, the Owner will have grounds to
terminate that household's lease. If the household refuses to transfer to an appropriate -sized unit
then the Developer will also have grounds to terminate that household's lease.
4.5.1 Written Notification. If an Eligible Household, during the term of its
tenancy, adds members that exceed the maximum occupancy allowed under this section,
Developer shall provide written notification informing the household that: it is over -
occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days;
the expiration date of the waiting list; and the terms for terminating the lease. A written
status update will be provided to the household at one -hundred and twenty (120) days,
ninety (90) days, sixty (60) days and thirty (30) days if applicable.
4.6 Use of the Property. All uses conducted on the Property, including, without
limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to
all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and
local laws, rules, and regulations. The Project shall at all times during the term of this Agreement
be used as an apartment complex and none of the Affordable Units in the Project shall at any time
be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel,
motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium
or rest home, or be converted to condominium ownership. All of the community facilities and any
social programs provided to the Project's residents shall be available on an equal,
nondiscriminatory basis to residents of all Units at the Project.
4.7 Maintenance. Owner shall, at all times during the term of this Agreement, cause
the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of
cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair,
addition and improvements. City, and any of its employees, agents, contractors or designees shall
have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect
the Project.
4.8 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to
Eligible Households selected by the Developer who meet all of the requirements provided herein.
Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which
approval shall not be unreasonably withheld, of a marketing program and resident selection plan
for the leasing of the Affordable Units at the Project ("Marketing Program"). The City shall
approve or deny the Marketing Program within ten (10) business days of submittal by the
Developer. In the event Marketing Program is neither approved nor denied within said time period,
the Marketing Program shall automatically be considered approved. The leasing of the Affordable
Units shall thereafter be marketed in accordance with the Marketing Program as the same may be
amended from time to time with City's prior written approval, which approval shall not
unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with
respect to the leasing of the Housing Units.
4.8.1 The Marketing Program shall include, but is not limited to, marketing and
community outreach activities, proposed tenant selection criteria, occupancy standards,
income requirements, timeline and details for outreach and marketing, data collection,
record keeping and monitoring, procedures for complaints, and compliance assessment.
Components of the resident selection plan shall include, but are not limited to, the
application process, interview procedure, apartment offer and assignment, rejected
applications, and wait list management. All requirements set forth herein shall be
incorporated in the Marketing Program.
9
4.9 Rental Lease Agreement. Developer shall prepare and obtain City's approval,
which approval shall not be unreasonably withheld, of a rental lease agreement ("Lease
Agreement"). All Lease Agreements must 1) identify the names and ages of all members of the
household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy
the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for
family size appropriate to the unit, as periodically published by HCD. All Lease Agreements must
be consistent with the terms contained in this Density Bonus Agreement.
4.9.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the
following provisions:
(a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt,
or to a judgment in favor of the owner in a lawsuit brought in connection with
the lease;
(b) Treatment of Property. Agreement by tenant that the owner may take, hold, or
sell personal property of household members without notice to tenant and a
court decision on the rights of the parties. This prohibition, however, does not
apply to an agreement by the tenant concerning disposition ofpersonal property
remaining in the housing unit after the tenant has moved out of the unit. The
Developer may dispose of this personal property in accordance with State law;
(c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the
Developer of the Developer's agent legally responsible for any action or failure
to act, whether intentional or negligent;
(d) Waiver of Notice. Agreement of the tenant that the Developer may institute a
lawsuit without notice to the tenant;
(e) Waiver of Legal Proceedings. Agreement by the tenant that the owner may
evict the tenant or household members without instituting a civil court
proceeding in which the tenant has the opportunity to present a defense, or
before a court decision on the rights of the parties;
(t) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial
by jury;
(g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive
the tenant's right to appeal, or to otherwise challenge in court, a court decision
in connection with the lease; and
(h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome.
Agreement by the tenant to pay attorney's fees or other legal costs even if the
tenant wins in a court proceeding by the owner against the tenant. The tenant,
however, may be obligated to pay costs if the tenant loses.
4.10 Selection of Tenants.
4.10.1 Developer shall be responsible for the selection of tenants for the Affordable
Units in compliance with lawful and reasonable criteria and the requirements of this Agreement.
4.10.2 Subject to applicable laws and regulations governing nondiscrimination and
preferences in housing occupancy, the Developer shall give preference in leasing the Affordable
Units to Eligible Households that live and/or work in the City of Santa Ana or who have an active
10
Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other
Public Housing Authority.
4.10.3 All applicants will be screened and "lotterized." A waiting list will be
created from a lottery generated from the initial pool of rental applications. The waiting list will
track applicant name and contact information, lottery number (or designated number after the
initial lottery), household income, household size, status of application, and any other information
deemed necessary. The waiting list will be maintained as an electronic file and available for audit
by the City of Santa Ana in accordance with resident selection procedures as set forth herein.
4.10.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer
shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification
Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s)
occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility
requirements established for the Affordable Unit. Developer shall verify the income of the
tenant(s) as set forth herein.
4.11 Income Verification and Certification.
Developer agrees to make a good faith effort to verify that the income and asset statement
provided by an applicant in an income certification is accurate by taking, at a minimum, at least
one of the following steps as apart of the verification process: (1) obtain three months consecutive
pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax
year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an
income verification form from the Social Security Administration and/or the California
Department of Social Services if the applicant receives assistance from either of such agencies, or
(5) if the applicant is unemployed and has no such tax return, obtain another form of independent
verification.
4.11.1 Gross Household Income. Gross household income means all income from
whatever source from all Adult Household members, which is anticipated to be received
during the 12-month period following the date of the determination of Gross Household
Income. The applicable sources of income are defined in California Code of Regulations
Title 25 Housing and Community Development Section 6914.
4.11.2 Annual Recertification. Developer agrees to recertify household eligibility
annually. Notification of Annual Tenant Recertification shall be sent to the household in
substantially the form attached hereto as Exhibit C. An Annual Rental Housing
Compliance Report ("Annual Compliance Report") shall be sent to the City in substantially
the form attached hereto as Exhibit D. The Annual Compliance Report shall be due to the
City within 30 days of the anniversary of the commencement of the Total Affordability
Term, which is the date that each building receives all required occupancy permits from
the City.
4.11.3 Continued Income Qualification and Vacated Affordable Units. If the
annual recertification demonstrates that a previously eligible tenant's gross household
11
income exceeds the Median Income for the Affordable Unit, the pertinent actions from the
following list must be taken:
(a) The Developer may offer to rent the unit to the previously, but no longer,
Eligible Household as an Unrestricted Unit without any limitations on rental
rates. In that case, the Developer must then make available for rent to an
Eligible Household another unit within the Project that meets the size and
location requirements for Affordable Units under this Density Bonus
Agreement. If there are no vacant units meeting those requirements, then the
next available unit within the Project which does meet those requirements must
be rented to an Eligible Household.
(b) If the no longer Eligible Household either moves to another Unrestricted Unit
within the Project or leaves the Project altogether, then the vacated Affordable
Unit or, at Developer's election any other Unrestricted Unit within the Project
which meets the size and location requirements for Affordable Units under this
Density Bonus Agreement and has the same number of bedrooms as the vacated
unit shall be rented as an Affordable Unit to an Eligible Household.
4.12 Monitoring and Recordkeepina. Throughout the Term of this Agreement,
Developer shall annually complete and submit to City the Annual Compliance Report. Owner
agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs
associated with the City's obligation to monitor Owner's compliance with the affordability
restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring
costs for up to two (2) Affordable Units. Representatives of City shall be entitled to enter the
Property if necessary after review of above documentation, upon at least forty-eight (48) hour
notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of
the Project relating to the Affordable Units and to conduct an independent audit or inspection of
such records at a location within the City that is reasonably acceptable to the City. Developer
agrees to cooperate with City in making the Property and the records of the Project relating to the
Affordable Units available for such inspection or audit. Developer agrees to maintain each record
of the Project for no less than five (5) years after creation of each such record.
Subject to tenants' rights under State and Municipal law, the Developer shall allow the City
to conduct annual inspections of each of the Affordable Units on the Property after the date of
construction completion, with reasonable notice. Developer shall cure any defects or deficiencies
found by the City while conducting such inspections within ten (10) Business Days of written
notice thereof, or such longer period as is reasonable within the sole discretion of the City.
4.13 Notice of Affordability Restrictions on Transfer of Property. In the event the
Developer wishes to sell or transfer the Project during the Total Affordability Term, the City and
the Developer shall execute and deposit into escrow, or record against the Property, a Notice of
Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or
transfer of the Property, shall not be effective unless and until the City and the transferee execute
the documents necessary to transfer the Density Bonus Agreement obligations from the Developer
to the transferee.
12
4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for
residents and visitors of the Project and actively monitor the parking demand of the Project site.
Developer shall continually monitor and take the following measures to manage the parking
demand of the Project site to mitigate the use of offsite parking spaces on private or public
properties and/or right-of-way.
a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in
the onsite parking spaces for both residents and guests;
b. Policies for maximum time vehicles may be parked in the surface parking spaces,
including any guest parking; and
c. Policies for towing unauthorized vehicles, vehicles parked in unauthorized
locations (such as fire lanes), vehicles parking in surface guest parking without a
sticker, hang -tag, or other identifiers, and vehicles parked longer than any
maximum guest parking timeframes allowed.
Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval
from the Planning and Building Agency ("PBA") a Parking Management Plan (the "PMP"),
including those measures above. The approved PMP shall be adhered to and be enforced by the
Project at all times.
4.15 Alternative Transportation and Energy Source, Resource Conservation, and LEED
Certification. While not a condition of the project's Density Bonus, in recognition of the City's
desire to optimize the energy efficiency of the project, Developer agrees to consult with the project
design team, a CABEC certified 2019 Certified Energy Analyst, a LEED AP Homes (low-rise and
Enid -rise), LEED AP BD4 C (high rise), National Green Building Standard (NGBS) Green Verifier,
or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project
design process to evaluate a building energy model analysis and identify and consider energy
efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial
energy model based on either current T24 standards or, if the project is eligible, the California
Utility Allowance Calculator using best available information on the project. To the extent
financially feasible for the project, Developer agrees to incorporate and optimize energy efficient
building materials, methods, and amenities.
4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an
Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to
issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for
the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall
be kept onsite and also be submitted to the following City Agencies:
a. Police Department
b. Fire Department
e. 'Planning and Building Agency
d. Community Development Agency
13
4.17 Crime Free Housing. Developer shall work with City staff to formalize a crime free
housing policy, procedure, and design plan (the "CFH Plan"), which includes the following
provisions:
a. Requiring parking areas and common interior areas (lobbies, elevators, etc.) to
contain security cameras;
b. Requiring routine unit inspections;
c. Ensuring lobby/other entrance doors are secured and accessed via remote controls,
fobs, etc.; and
d. Have policies in place to ensure that common use areas such as hallways and trash
enclosures are maintained in good condition and repair (e.g., well -lit, kept clean,
etc.)
Developer shall submit and obtain approval from the PBA the CFH Plan meeting the
requirements of this Subsection 4.18 prior to issuance of the Certificate of Occupancy. The
approved CFH Plan shall be implemented and administered by Developer or a designated property
manager.
4.18 [Intentionally Omitted]
[INTENTIONALLY RESERVED]
6. TERM OF THIS AGREEMENT
6.1 Term. The term of this Agreement ('Density Bonus Agreement Term") shall
commence on the Effective Date and shall continue until the expiration of the Total Affordability
Term.
7. DEFAULT AND TERMINATION: INDEMNIFICATION
7.1 Default. Failure or delay by any Party to perform any term or provision of this
Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party
specifying the default (or such other period specifically provided herein), constitutes a default
under this Agreement; provided, however, if such default is of the nature requiring more than thirty
(30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within
such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an
additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of
ninety (90) days). Except as required to protect against further damages, the injured Party may
not institute proceedings against the Party in default until the time for cure has expired. Failure or
delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time
of default.
Notwithstanding the above, should the Developer elect to not proceed with the Project prior
to commencement of construction, the Developer shall submit written notice of such termination
("Termination Letter") to the City, which Developer, for itself, its successors and assigns, states
that it waives, forfeits, and relinquishes any and all benefits under this Agreement. Upon City's
14
receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the
obligations of Section 4.1 and 7.3 shall survive termination. Developer shall, at its sole cost and
expense, prepare and record a Termination of Agreement, which City shall review and approve,
in the exercise of reasonable discretion. Such termination shall not be considered a default by any
Party, but it shall result in a termination of the Agreement as provided for herein.
7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are
cumulative, and the exercise by either Party of one or more of its rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party. Notwithstanding anything to the contrary
contained in this Agreement, in no event shall either Party be liable for speculative, consequential,
punitive, or other indirect damages arising from a breach of this Agreement, and each Party waives
any right to collect speculative, consequential, punitive or other indirect damages against the other
Party which arise from a breach of this Agreement.
7.3 Indemnification. In addition to any other indemnity specifically provided in this
Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of
Developer, which shall not be unreasonably withheld, and which may be joint defense counsel
upon City's and Developer's consent) indemnify and hold harmless City and its respective officers,
officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from
and against any loss, liability, claim, or judgment arising from any act or omission of Developer
in connection with its obligations under this Agreement, except to the extent caused by the active
negligence or willful misconduct of Indemnitees..
8. ASSIGNMENT; COVENANTS RUN WITH THE LAND
8.1 Assignment by Developer.
8.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign
the Property or Project in whole or in part, or transfer or assign Developer's rights and
obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment
complies with this Section 8 ("Permitted Transfer"). If Developer seeks a Permitted Transfer,
Developer shall request City's written consent, and City shall respond within fourteen (14) days
with a written approval or denial. The City's determination shall not be unreasonable or
arbitrary. If City approves such a request, then prior to any such sale, transfer or assignment,
Developer shall pay City's reasonable fees as compensation for the City's review of the request.
City's failure to respond to the request within fourteen (14) days shall be deemed an approval.
8.1.2 Sale of Property. Owner agrees and declares that the Property and the Project
shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold,
and approved subject to all obligations set forth or incorporated in this Agreement, all of which
are for the purpose of enhancing and protecting the value and attractiveness of the Property and
the Project. All of the obligations set forth or incorporated in this Agreement shall constitute
covenants which run with the land and shall be binding on Owner and its successors and assigns,
and all parties having or acquiring any right, title or interest in, or to any part of the Property or
Project. Owner further understands and agrees that the Density Bonus permit approvals received
15
for this Project have been made on the condition that Owner and all subsequent owners, or other
successors and assigns of the Property and/or Project lease and rent the Affordable Units in
accordance with the terns and conditions stipulated in Sections 4, 5 and 6 of this Agreement for
a term of 55 consecutive years commencing upon the date that the Project is first occupied.
8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall
be deemed to include any such transferee or assignee after the date such sale, transfer, or
assignment occurs in compliance with this Agreement.
8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in
violation of this Agreement shall be null and void, and City shall have the right to pursue any
right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted
sales, transfers, or assignments.
8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated,
encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions
set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens
and charges set forth in this Agreement shall run with the Property and shall be binding upon
Developer and all persons having any right, title or interest in the Property, or any part thereof,
their heirs, and successive owners and assigns, shall inure to the benefit of City and its
successors and assigns, and may be enforced by City and its successors and assigns. The
covenants established in this Agreement shall, without regard to technical classification and
designation, be binding for the benefit and in favor of City and its successors and assigns, and
the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor
of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the
covenants running with the land, for and in its own right and for the purposes of protecting the
interests of the community and other parties, public or private, in whose favor and for whose
benefit this Agreement and the covenants running with the land have been provided. Developer
hereby declares its understanding and intent that the burden of the covenants set forth herein
touch and concern the land and that the Developer's interest in the Property is rendered less
valuable thereby. Developer hereby further declares its understanding and intent that the benefit
of such covenants touch and concern the land by enhancing and increasing the enjoyment and
use of the Property by the citizens of City and by furthering the health, safety, and welfare of the
residents of City.
MISCELLANEOUS
9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth
and contain the entire understanding and agreement of the parties with respect to the Density Bonus
Agreement, and there are no oral or written representations, understandings or ancillary covenants,
undertakings or agreements which are not contained or expressly referred to herein. No testimony
or evidence of any such representations, understandings or covenants shall be admissible in any
proceeding of any kind or nature to interpret or determine the terms or conditions of this
Agreement.
16
9.2 Amendment. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made in writing and in each instance approved by the City
Council, or through the City Manager as detailed herein, and signed on behalf of each party. The
City Manager shall have the authority to make approvals, issue interpretations, execute documents,
waive provisions, and/or enter into amendments of this Agreement on behalf of City that further
the intent of this Agreement. Any requested alteration, change or modification of the Agreement
by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for
the City's review of the request. Each alteration, change, or modification to this Agreement shall
be recorded against the Property in the Official Records of Orange County, California.
9.3 Notices.
9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited
to, the communication of notice, request, demand, approval, statement, report, acceptance,
consent, waiver, appointment or other communication required or permitted hereunder. All notices
shall be in writing and shall be considered given either: (i) when delivered in person to the
recipient named below; or (ii).on the date of delivery shown on the return receipt, after deposit in
the United States mail in a sealed envelope as either registered or certified mail with return receipt
requested, and postage and postal charges prepaid, and addressed to the recipient named below; or
(iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and
postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with
a known and reliable next -day document delivery service (such as Federal Express), charges
prepaid and delivery scheduled next -day to the recipient named below, provided that the sending
party receives a confirmation of delivery from the delivery service provider; or (v) the first
business day following the date of transmittal of any facsimile, provided confirmation of
successful transmittal is retained by the sending Party. All notices shall be addressed as follows:
If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.O. Box 1988
Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: P & P Bros Corp
18685 Main Street, Ste. 101-385
Huntington Beach, California 92648
Attn: Thao Lisa Vu
9.3.2 Change of Address. Either Party may, by notice given at any time, require
subsequent notices to be given to another person or entity, whether a party or an officer or
17
representative of a party, or to a different address, or both. Notices given before actual receipt of
notice of change shall not be invalidated by the change.
9.4 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform, taking
into consideration the purposes of this Agreement.
9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder
shall be governed and interpreted in accordance with the laws of the State of California without
regard to conflict of law principles. This Agreement shall be construed as a whole according to
its fair language and common meaning to achieve the objectives and purposes of the Parties hereto,
and the rule of construction to the effect that ambiguities are to be resolved against the drafting
Party shall not be employed in interpreting this Agreement, all Parties having been represented by
counsel in the negotiation and preparation hereof.
9.6 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
9.7 Singular and Plural. As used herein, the singular of any word includes the plural,
and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include
the other as context so dictates.
9.8 Joint and Several Obligations. If at any time during the term of this Agreement the
Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations
of such Developer under this Agreement shall be joint and several, and the default of any such
Developer shall be the default of all such Developers.
9.9 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit
attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement
and all Exhibits attached hereto, "business days" shall mean every day of the week except
Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a)
or successor statute, and any days in which Santa Ana City Hall is closed for business.
9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon
the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand
strict compliance by the other Party with the terms of this Agreement thereafter.
9.12 Non -Discrimination. In performing its obligations under this Agreement,
Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other related
m
activities. Developer affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall
have any right of action based upon any provision of this Agreement.
9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor
difficulties beyond the Party's control (including the Party's employment force), court actions (such
as restraining orders or injunctions), or other causes beyond the Party's control, including delays
by any governmental entity (although the City may not benefit from this provision for a delay that
results from City's failure to perform its obligations under this Agreement), or an insurance
company of either party. If any such events shall occur, the term of this Agreement and the time
for performance by either Party of any of its obligations hereunder may be extended by the written
agreement of the Parties for the period of time that such events prevented such performance.
9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the Party benefited thereby
of the covenants to be performed hereunder by such benefited Party.
9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to
this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding
upon each Party and each successor in interest approved pursuant to this Agreement during
ownership of the Property or any portion thereof.
9.17 Counterparts. This Agreement may be executed by the Parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the Parties had
executed the same instrument.
9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or
brought by a Party hereto for the purpose of enforcing, construing or determining the validity of
any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Orange, State of California, and the Parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
9.19 Project as a Private Undertaking. It is specifically understood and agreed by and
between the Parties hereto that the development ofthe Project is a private development, that neither
Party is acting as the agent of the other in any respect hereunder, and that each Party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
19
Agreement. The only relationship between City and Developer is that of a government entity
regulating the development of private property and the Developer of such property.
9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either Party at any time, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement. City hereby authorizes City
Manager to take such other actions and negotiate and execute any additional agreements as may
be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager
may delegate her or his powers and duties under this Agreement to an authorized management
level employee of the City.
9.21 Estoppel Certificate. Within ten (10) business days following a written request by
any of the Parties, the other Party shall execute and deliver to the requesting Party a statement
certifying that (i) either this Agreement is unmodified and in full force and effect or there have
been specified (date and nature) modifications to the Agreement, but it remains in full force and
effect as modified; and (ii) either there are no known current uncured defaults under this
Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The
statement shall also provide any other reasonable information requested. The failure to timely
deliver this statement shall constitute a conclusive presumption that this Agreement is in full force
and effect without modification, except as may be represented by the requesting Party, and that
there are no uncured defaults in the performance of the requesting Party, except as may be
represented by the requesting Party.
9.22 No Subordination. City's approval of the necessary land use entitlements that
authorize Developer to develop, operate, and maintain the Project was based upon Developer's
obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density
Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of
the Density Bonus Housing Agreement, this Agreement shall have priority over any and all
mortgages, deeds of trust, and other similar forms of secured financing recorded against the
Property or any portion thereof. Developer expressly understands and acknowledges that state law
requires preservation of affordability covenants in connection with the approval of this density
bonus project.
9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action
against the other Party to this Agreement arising out of or in connection with this Agreement, the
prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs
of investigation, and costs of suit from the losing Party.
9.24 Authority to Execute. The person or persons executing this Agreement on behalf
of each Party warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
20
A-2023-218
IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing
Agreement to be executed on the date set forth at the beginning of this Agreement.
ATTEST:
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By: JosQ Montoya
Assistant City Attorney
FOR APPROVAL:
r .ii'Gy �riY"
Michael Garcia
Executive Director
Community Development Agency
21
CITY OF SANTA AN
omas R. Hatch
Interim City Manager
P & P BROS CORP, A CALIFORNIA
CORPORATION
_' Y v-�
Thao US& Vu
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .D
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of WNl)
On D&,PyKbm (Z f M 3 before me, USA N ofa rU
Date p ` / �In ert Name and 77t e of the Officer
personally appeared ��� S r V U
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be thePh
n(d) whose name(g) is/ re
subs d to the within instrument and acknowled to me that hhey executed the same in
hi er/t it authorized capacity(iers), and that b hi er eir signaturee instrument the person(a},
or a entity upon behalf of which the person(sacted, executed the instrument.
�-:=_`.. `;LISA NGUYEN
%ti,:
10
`Y'r„ ORANGE County� ,IiPernie iotary PUblid
A���. , �, Con+rr. E _p , h, 16, 2026
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Sr ature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached I
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
'✓GL. '✓'e'1x/G<✓.G'e/O`✓.tt�/GC�/4�✓4�yi�a:i'e/•.e/.1'✓, ✓'+/4�nGL,G\✓G�✓G<%G(�4`✓4'✓4L%4v✓<`+.'1�1e%4'�/G'+/i�,4'vG'e/ti G\✓G'✓GL✓G:e%4`%4<
RY41117111101711156 Me.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 7789
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of orange 1
On Jeliyal 23 ,gy+ before me, Rbiyail I Rlcala, NotUry pVh1iG
Date Here Insert Name and Title of the Officer
personally appeared Tht mU5 Wc'
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Qare subscribed
to the within instrument and acknowledged to me thattpe/she/they executed the same in®i /her/their
authorized capacity(ies), and that by&her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
A GALL Y. County
J ALCALA
Notary Public • California
O
� Orange County �
Commission p 2474325
My Comm. rxpim Dec 26, 2027
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official
Signature
OPTIONAL
of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: XhWi BOW hak - 322- N . %ibur ShA.
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: InOM1d R. t�U(ifn
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing: Q1M Of t:U fiil
NumberofPages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
:._z. cgs• s�. v9,. s.;r.>w[--.. .la �". -x.. Lxrew .:�..He:sc..
02018
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA,
1N THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
THE NORTH 100 FEET OF THE SOUTH 300 FEET OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO
BASE AND MERIDIAN. EXCEPTING THEREFROM THE WEST 132 FEET. ALSO EXCEPT
THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A DEPTH OF
500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN
INSTRUMENTS OF RECORD.
APN: 198-051-17
22
EXHIBIT "B"
INCOME VERIFICATION FORM
Inclusionary Unit Address:
Head of Household (Print Name):
Current Address (if
different from above):
Telephone Number: Home: Work: Cell:
Email address:
Date of Birth:
Social Security # or TIN:
Household Composition
List All Household Members Living in the Inclusionary Unit
Dependent Social Security #
Name Sex Age (Y/N) or Taxpayer ID #
List additional household members on a separate sheet of paper.
Income Verification Form Page 1
Santa Ana, California
EXHIBIT "B"
INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Inclusionary Unit
Part 1: Earned Income
Other
Head of
Household
Household
Members
Total
1.
Gross wages, before payroll deductions and
$
$
$
including overtime pay, commissions, fees, tips
and bonuses.
2.
Net income from self employment, independent
$
$
$
contractor work or a business.
3.
Social security and any payments from annuities,
$
$
$
insurance policies, pension/retirement funds,
disability or death benefits received periodically.
4.
Payment in lieu of earnings, such as
$
$
$
unemployment, disability compensation, worker's
compensation and severance pay.
5.
Public assistance, welfare payments
$
$
$
6.
Alimony, child support, other periodic allowances
$
$
$
7.
Regular pay, special pay and allowances of
$
$
$
members of the Armed Forces
8.
Other
$
$
$
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income
Income Verification Form Page 2
Santa Ana, California
EXHIBIT "B"
INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Inclusionary Unit
Part 2: Investment Income
Total
Other Adult
Household
Head of
Household
Investment
Household
Members
Income
1.
Interest paid on Bank and Savings accounts
$
$
$
2.
Dividends and other payments from stocks and
$
$
$
bonds
3.
Income from real property (i.e. rental property)
$
$
$
4.
Other (describe)
$
$
$
Subtotal: Monthly Investment Income:
$
Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income
*Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in
reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital
gains and settlement for personal or property losses; educational scholarships paid directly to the student or
educational institution; special pay to a serviceman head of family away from home and under hostile fire;
relocation payments under federal, state or local law; foster child care payments; value of coupon allotments
for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible
household; payments received pursuant to participation in the following programs: VISTA, Service Learning
Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster
Grandparent Program, Older American Community Services Program, and National Volunteer Program to
Assist Small Business Experience.
Income Verification Form Page 3
Santa Ana, California
EXHIBIT "B"
INCOME VERIFICATION FORM
Assets **
List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit
If the Asset generates income, that income must be specified In Part 2 above
Head of
Household
Other Adult
Household
Members
Total Value of
Value
Value
Assets
1.
Bank and Savings accounts
$
$
$
2.
Stocks and bonds
$
$
$
3.
Real property (i.e. rental property)
$
$
$
4.
Other (describe)
$
$
$
Total Asset Value $
**Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from
household assets. Collections of items for hobby, investment or business purposes must be included in
household assets. If the total value of household assets exceeds $5,000, the calculation of the household's
annual income shall include the greater of the actual amount of income, if any, derived from all of the
household assets; or 10% of the total value of the assets.
Income Verification Form Page 4
Santa Ana, California
EXHIBIT "B"
INCOME VERIFICATION FORM
If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value
is less than $5,000, the amount of investment income to be included in annual household income is $0.
Calculation of Investment Income to be Included in Annual Household Income
1.
Total Annual Household Investment Income
$
2.
Total Asset Value
$
x 10%
$
The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $
Total Annual Household Gross Earned Income
Total Investment Income to be Included in Annual Household Income
Total Household Income
Attach True Copies of the Relevant Documents Listed Below
Paycheck stubs from three most recent
pay periods
Employment verification
Three years Income tax returns for Title
Holders
Social security verification
Alimony/child support verification
Other (Describe)
Bank/Savings account verification
Self-employment verification
Unemployment verification
Welfare verification
Disability income verification
Income Verification Form Page 5
Santa Ana, California
AFFIDAVIT
This Affidavit is made with the knowledge that it will be relied upon by and the City of Santa
Ana to determine maximum income for eligibility to purchase the Inclusionary Unit listed above. (I/we) warrant
that all information set forth in this document is true, correct and complete and based upon information (1/we)
deem reliable and based upon such investigation as (I/we) deemed necessary.
(I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in
this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the
seller to terminate the purchase contract and sell the Inclusionary Unit to another party.
(I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that
this affidavit has been executed as of the date specified below by each adult member of the household which
intends to occupy an Inclusionary Unit located at
Signature
Name
Executed at
Signature
Printed Name
Executed at
Santa Ana, California.
Date
Santa Ana, California
Date
Santa Ana, California
Affidavit Page 6
Santa Ana, California
ATTACHMENT C -- 2
ANNUAL TENANT INCOME VERIFICATION FORM
Administrative Procedures Manual April27, 2023
Rental Rasldentlal Development
TENANT INCOME VERIFICATION FORM
2021 AFFORDABi.E HOUSING OPPORTUNITY AND CREATION ORDINANCE
CITY OF SANTA ANA
Table 1: Annual Household Gross Earned Income t
List All Sources of Earned Income for all Adult Household Members Living in the Inclusionary Unit
Other Adult
Head of
Household
Household
Members
Total
1, Gross amount, before payroll deductions of
$
$
$
wages, salaries, overtime pay, commissions,
fees, tips and bonuses
2. Net income from business
$
$
$
3. Social security, annuities, insurance policies,
$
$
$
pension/retirement funds, disability or
death benefits received periodically
4. Payment in lieu of earnings, such as
$
$
$
unemployment, disability compensation,
worker's compensation and severance pay
5. Public assistance, welfare payments
$
$
$
G. Alimony, child support, other periodic
$
$
$
allowances
7. Regular pay, special pay and allowances of
$
$
$
members of the Armed Forces
8. Other
$
$
$
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income
'The following items are not considered income: casual or sporadic gifts; amounts specifically for or In reimbursement of
medical expenses; lump sum payments such as Inheritances, insurance payments, capital gains and settlement for personal
or property losses; educational scholarships paid directly to the student or educational institution; special pay to a
serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law;
foster chlld care payments; value of coupon allotments for purpose of food under rood Stamp Act of 1964 which is In
excess of amount actually charged the eligible household; payments received pursuant to participation in the following
programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer
Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to
Assist Small Business Experience.
Administrative Procedures Manual
Rental Residential Development Page 2
April 27, 2023
Table 2A: Household Assets 2
List the Value of All Assets Owned by all Adult Household Members Living in the Inclusionary Unit
Head of
Household
Other Adult
Household
Members
Total
Return @ 10%
of Total
1. Bank & savings accounts
$
$
$
$
2. Stocks and bonds
$
$
$
$
3, Real property
$
$
$
$
4. Other
$
$
$
$
Table 213: Income Earned Annually from Household Assets
List the Actual Annual Return on All Assets
Owned by all Adult Household Members Living in the Inclusionary Unit
Other Adult
Head of
Household
Household
Members
Total
1. Bank and savings accounts
$
$
$
2. Stocks and bonds
$
$
$
3. Real property
$
$
$
4. Other
$
$
$
The return on Household assets to be included in the Gross income calculation is set at the greater of
the two amounts shown on the following page:
P Necessary Items, such as furniture and automobiles, used for personal use are excluded from household assets,
Collections of Items for hobby, investment or business purposes must be Included In household assets. Undar Callfornla
Government Code Section 6914, if the total value of household assets exceeds $5,000, the calculation of the household's
annual income shall Include the greater of the actual amount of Income, If any, derived from all of the household assets; or
10% of the total value of the assets.
Tenant Income Verification Form Page 2
Administrative Procedures Manual: Rental Housing Development April 27, 2023
Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income
10%Annual
Return
Actual Return
Return to be
Applied
1. Bank and savings accounts
$
$
$
2. Stocks and bonds
$
$
$
3. Real property
$
$
$
4. Other
$
$
$
Total Annual Return to be Added to Annual Household Gross Earned Income $
The total Gross Household Income is equal to the sum of the following;
Table 3;
Calculation of the Household'sTotal Annual Gross Income
Annual Household Gross Earned Income (Table 1) $
Annual Asset income (Table 2C) $
Total Annual Household Gross Income $
Income Documentation
Attach True Copies of the Relevant Documents Listed Beloit/
Paycheck stubs from two most recent
pay periods Bank/Savings account verification
Employment verification Self-employment verification
Income tax return Unemployment verification
Social security verification Welfare verification
Alimony/child support verification Disability income verification
Other (Describe)
Tenant Income Verification form Page 3
Administrative Procedures Manual: Rental Housing Development April 27, 2023
AFFIDAVIT
This Affidavit is made with the knowledge that it will be relied upon by the City of
Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for
eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete
and based upon Information (1/we) deem reliable and based upon such Investigation as (1/we) deemed
necessary,
(I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or
misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the
property owner to rent the unit and will additionally enable the property owner to initiate and pursue
all applicable legal and equitable remedies with respect to the unit and to me/us,
(I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct
and that this affidavit has been executed as of the date specified below by each adult member of the
household which intends to occupy an Inclusionary Unit located at
Ana, California.
Signature
Printed Name
Executed at
Date
Santa Ana, California
Signature Date
Printed Name
Executed at , Santa Ana, California
,Santa
Tenant Income Verification Form Page 1
Administrative Procedures Manual: Rental Housing Development April 27, 2023
ATTACHMENT C - 3
NO INCOME CERTIFICATION
Administrative procedures Manual April 27, 2023
Rental Resldentlal Development
NO INCOME CERTIFICATION FOR
HOUSEHOLD MEMBER
b (NAME) certify that as of
(DATE), I am not receiving any type of Income Including, but not
limited to, wages and salaries, overtime pay, commissions, fees, tips, bonuses, or any
other compensation for personal services, net income from the operation of a business
or profession, dividends or interest, net Income from any kind of real or personal
property, Social Security, annuities, retirement funds, pensions, death or disability
benefits, unemployment or disability compensation, workers compensation, severance
pay, welfare or other public assistance, alimony, or child support.
By this Certification, I declare under penalty of perjury that all of the foregoing
Information is true and correct. Misrepresentation or misstatement may be a violation
of law that could result in a fine, criminal penalty or a default on the Incluslonary
Housing Regulatory Agreement made in conjunction with the rental of this Inclusionary
Unit.
Signature
Print Name
Date
Administrative Procedures Manual Page 1
Rental Residentlal DoVelapment April 27, 2023
rAW
t
72
s
x
W
z
w
I
u
O
O
OTO
o`
a
Gl
++
L
U!
w
n
c
E
ate+
.�
O
u
O
r
�o
O
N
a ..
E O
W
K
E
E
E
z ¢
'
m z
Z
m d
C
E O
O O
o t
c
o
J
d m
u
O
Y
O c
C t
G
w
i+
C a
J
u
m
G O
c
v
z
a
z
C
ry
>
t
N
o
N N
E
�
z
�
w
O
C
�
� �
O
ry
j O
u
N
a
C
N
O
O
E
vo
a o
E v`
� v
z m
v
o v
L E
m O
u
O �
S
'O
O
dl N
O
S
v
O y
N
vai
O z
S
7
N (l
v O
m N
n N
N
W
N
C �
� E
"� n
o
o w
v w
v 0
o _
m
v c
> w
«. v
Yn ¢
c —
� c
o w
tt
EXHIBIT E
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
NOTICE IS HEREBY GIVEN that the CITY OF SANTA ANA, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California, has
entered into a Density Bonus Agreement with P & P Bros Corp., a California Corporation
("Property Owner"). The Density Bonus Agreement imposes income and affordability
covenants on a twenty two (22) unit affordable housing development project ("Project") located
at 322 N. Harbor Boulevard, Santa Ana, Orange County, Assessor's Parcel Number 198051-17,
and further described in the legal description provided in Exhibit A to the Density Bonus
Agreement.
The Density Bonus Agreement was recorded as Document/Instrument Number [TO BE
INSERTED], and shall remain in effect until fifty five (55) years from the date a certificate of
occupancy is issued for all units in the Project. Among other things, the Density Bonus
Agreement requires as follows: (a) two (2) one -bedroom units (the "Affordable Units") shall be
restricted for occupancy to a household that qualifies as a "Very -Low Income Tenant," which is
defined to mean a household whose income does not exceed fifty (50%) of the area median
income for the Orange County, California PMSA, adjusted for household size, and (b) the rent
for the Affordable Unit shall not exceed one -twelfth (1/t2) of the product of thirty percent (30%)
times fifty percent (50%) times the Median Income for Orange County, as adjusted to reflect a
reasonable utilities allowance.
In the event the Property Owner wishes to sell or transfer the Project during the Affordability
Period, the City and the Property Owner shall execute and deposit into escrow this Notice of
Affordability Covenants on Transfer of the Property. The sale or transfer of the Property shall
not be effective unless and until the City and transferee execute the documents necessary to
transfer the Density Bonus Agreement obligations from the Property Owner to the transferee.
This Notice of Affordability Covenants on Transfer of the Property in no way modifies the
provisions of the Density Bonus Agreement. In the event of any conflict between this Notice of
Affordability Covenants on Transfer of the Property and the Density Bonus Agreement, the
terms of the Density Bonus Agreement shall prevail.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Notice of Affordability
Restrictions on Transfer of Property as of the dates set forth below.
[Signatures on Following Pages]
SIGNATURE PAGE
TO
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
CITY:
CITY OF SANTA ANA
A California Charter City and Municipal
Corporation
Name: Kristine Ridge
Its: City Manager
Date:
APPROVED AS TO LEGAL FORM:
SIGNATURE PAGE
TO
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
PROPERTY OWNER:
P & P Bros Corp
A California Corporation
By:�
P, I . V.
Name: Thao L4-aa Vu
Its: P�251r"ntP��
Date: !O % 2U o
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL ..
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
Countyof
Or uIIEttmlg 2023 before me, Uspll t%q u l &/yi y NotA!✓4 i410)1
Date re I ert Name and Title the Officer
personally appeared ��a� U�1
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the pe on(4 whose name( is re
sub iped to the within instrument and acknowled ed to me that he a hey executed the same in
hi her/ heir authorized capacity(io, and that by hi er heir signature on the instrument the person,(s),
or a entity upon behalf of which the personA acte executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
UYE
=.t11`4M 2394915
i , 1 ORANC-E County Signature
sSi t reofNota Public
- ot3ry Public':g Notary
Place Notary Seat Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached C
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nther,
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
r1 Other:
Signer Is Representing:
02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907